Ethical and Professional Issues Flashcards
Principles versus Standards
The 5 General Principles are goals to guide psychologist toward the highest ideals of psychology and there are not enforceable rules. The 10 Ethical Standards are enforceable and they provided the specific guidelines for the ethical behavior of psychologists.
Consutation versus Supervison versus Training versus Referring Out
Psychologist are to practice within their boundaries of their competence.
Consultation is used when the psychologist is somewhat familiar with treating a particular disorder but is not an expert or has some concerns.
Supervison is used when psychologist is learning to apply newly learned techniques; beginning to work with a specialized population, or has no or limited clinical experience.
Training is vital when psychologist are unfamilar with a certain are of knowledge ans is usually followed by supervised experience prior to practing independently.
Referring out clients is appropriate when (1) therapist’s personal beliefs and issues interger with the therapy, (2) the client feels uncomfortable with the therapist, or (3) the therapist lacks competency in treating the presenting problem.
Multiple Relationships versus Bartering
Multiple relationships exists when a therapist enters into a non-professional relationship with a current client, or with someone close to the client. Psychologists should not enter into a multiple relationship if it might impaired the psychologist’s objectiveness, competence, or effectiveness, or if it might harm or exploit the other party. If harm occurs, the psychologist needs to take reasonable steps to resolve it with due regards for the best interest of the affected person and maximal compliance with the Ethics Code. When a psychologist is required to serve in more than one role in a judicial, administrative, proceeding they need to clarify their roles and the limits of confidentiality, and update this clarification as often as changes occur.
Bartering (accepting goods, services, or other non-monetary remuneration from client in return for psychological services) with clients is permissible as long as it is not clinically contraindicated and not exploitative.
Testimonials
Testimonials may never be solicited from current clients, or from and persons who are vulnerable to undue influence.
Sex with Patients versus Treating Former Sexual Partners
Psychologist may never engage in sex with current clients, have sexual relationships with persons near to the client, or treat former sexual partners.
A psychologist must wait at least 2 years to enter into a sexual relationship with a former client but the therapist must consider 7 factors that demonstrate that there has been not exploitation.
Subpoena versus Court Order
Subpoenas are issued by attorneys, may require the therapist to appear in court or bring the client’s records (subpoena duces tecum) and they can not be ignored. The therapist can request that the subpoena be quashed (nullified or voided). Based on the client’s wished the therapist can assert patient therapist privilege and not testify nor turn over records unless ordered by the courts to due so.
Court orders are signed by a judge and carries the weight of the law. Therapist must comply with any court order or be held in contempt of court. A therapist can ask the judge that the court order be modify if portions of the records are not relevant to the legal case.
Court-Appointed Evaluation versus Court-Ordered Therapy
In court-appointed evaluations, the psychologist is retained by the court to evaluate a defendent. The results are shared with the court and the defendant has no confidentiality rights. The psychologist must explain the nature of the evaluation and the limits of confidentiality at the beginning of the session, but does not need a signed release of information.
In court -ordered therapy, the defendant is the client and thus is entitled to confidentiality rights and needs to sign a realase of information so that the therapist can communicate with the court.
Expert Witness versus Fact Witness
An expert witness is a person who is permitted to testify and offer their opinion at a trial because of special knowledge or proficiency in a particular field that is relevant to the case.
A fact witness is an individual who has personal knowledge of events pertaining to the case can testify as to things they have personally observed or witnessed.
Child Custody Evaluation
The court uses child custody evaluations to determine the best interests of the child. The evaluation should focus on parenting attributes, the psychological and developmental needs of the child, and the resulting fit. The court typically expects the psychologist to examine both parents as well as the child. The psychologist should avoid conflicts of interest and multiple relationships when conducting evaluations.
Formal versus Informal Resolution of Colleagues’ Misconduct
When a psychologist believes that there may be an ethical violation by another psychologist, they attempt to resolve the issue by bringing it to the attention of that individuals , if an informal resolution appears appears appropriate and the interventions dos not violate any confidentiality rights that may be involved.
If the apparent ethical violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolutions, or is not resolved properly once an informal resolution intervention occurred, the psychologist should take further action appropriate to the situation. A formal resolution should not occur is the intervention would violate confidentiality rights or when the psychologist has been retained to review the work of another psychologist whose professional conduct is in question.
Goal of Ethics Code
the welfare and protection of the individuals and groups with whom psychologist work, as well as the education of members, students, and the public regarding ethical standards of the discipline
California’s Tarasoff statue
requries psychologist to notify the intended victim and the police, and take other reasonable steps when a client communicates to the therapist a threat of imminent violence against a reasonably identifiable victim.
Mental Measurement Yearbook (MMY) versus Tests in Print
Buros’ MMY series contains the most comprehensive and authoritative compilation of test reviews.
Buros’ Tests in Print is a comprehensive bibliography (list) of all know commercially available English language tests that are currently in print.
HIPAA verse FERPA
The Health Insurance Portability and Family Education Rights and Pravicy Act ( Accountability Act (HIPAA) was designed to protect Americans with medical conditions from losing health insurance when they changed jobs or moved. HIPAA is comprised of 3 rules: the privacy rule, the transition rule, and the security rule. HIPAA compliance is only related to the electronic transmission of health information.
The 1974 Family Educational Rights and Privacy Act (FERPA) also known as the Buckley Amendment protects the privacy of student records in higher education institutions (college) and limits who has access to the records.
APA’s Record Keeping Guidelines (2007) some records should ideally be maintained for perpetuity, such as when a client has a _____ , and such records will continue to be needed throughout the lifetime (e.g._______)
disability documentation during childhood; (e.g. recieve SSI)
